RENGANAYAKI Vs. JAGADAMBAL AMMAL

JUDGEMENT

(1.) THIS civil revision petition is directed against the order dated 25.6.2007 passed in O.S. No.59 of 2006 on the file of the Principal Sub Court, Mayiladuthurai.

(2.) THE respondent in the present revision had instituted a suit against the petitioner on the basis of a mortgage Deed. THE suit was re-sisted by the petitioner, by filing written state-ment.

(3.) IT is seen from the materials available on record that the present suit in O.S.No.59 of 2006 has been preferred on the basis of a mortgage deed dated 15.2.2004 pertaining to the suit property. However there was another mortgage executed by the petitioner on 4.5.1994 for a sum of Rs.50,000/- IT is the contention of the petitioner that the respon-dent preferred a suit earlier in respect of the first mortgage and obtained a preliminary de-cree. Therefore the present suit on the basis of the second mortgage is not maintainable and as such the said objection was taken as a pre-liminary objection by the petitioner relying on Section 67A of the Transfer of Property Act. The question of maintainability of the suit as a preliminary issue was considered by the court and ultimately the court found that the suit is clearly maintainable.